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international law
Università degli Studi di Milano international politics, law and economics Curriculum international politics and economics (ipe) 2023
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- International law is a separate legal system from national laws, dealing with relations between states rather than individuals.
- The term "international law" refers both to this independent legal system and the norms that belong to it. It evolved from concepts like ius gentium to ius inter gentes.
- Public international law focuses on state-to-state relations (e.g., treaties, wars), while private international law deals with transnational individual relationships and conflicts of laws.
- International law lacks a central authority or police force, making enforcement challenging but not unique to this legal system. States are the main subjects, exercising functions like legislation and sanctions directly or indirectly.
- Theories of law include positivism (law is enacted by an authority) and naturalism (law corresponds to natural elements), with tensions between them evident historically.
- International law's origins trace back to ancient empires through medieval diplomatic practices, formalized in the Peace of Westphalia. It evolved significantly during the modern era, especially with decolonization leading to its universalization.
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